Kaushlendra Singh @ Kaushlendra Kishore Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53785 of 2019 Arising Out of PS. Case No.-673 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1.
KAUSHLENDRA SINGH @ KAUSHLENDRA KISHORE SINGH, aged about 55 years, Male, Son of Late Nand Kishore Singh, Resident of VillageMorsand, P.S.-Runnisaidpur, District-Sitamarhi 2.
Raghvendra Singh @ Raghvendra Kishore, aged about 65 years, Male, Son of Late Nand Kishore Singh, Resident of Village-Morsand, P.S.- Runnisaidpur, District-Sitamarhi 3.
Mithlesh Singh @ Mithlesh Kumar, aged about 40 years, Male, Son of Raghvendra Singh @ Raghvendra Kishore Resident of Village-Morsand, P.S.-Runnisaidpur, District-Sitamarhi 4.
Sanjay Singh @ Sanjay Kumar, aged about 34 years, Male, Son of Late Lobhit Singh Resident of Village-Morsand, P.S.-Runnisaidpur, DistrictSitamarhi ... Petitioners
Versus
THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :
For the Petitioners :
M/s Saurav Anand & Ashok Kumar Jha, Advs.
For the Opposite Party :
Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-08-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.
The petitioners seek pre-arrest bail in connection with Runnisaidpur P.S. Case No. 673 of 2018 for the offences alleged under Sections 147, 341, 323, 307, 324, 447, 354, 504, 506 and 379 of the Indian Penal Code.
The accusation is that at about 10.00 a.m. on 09.11.2018, the informant, Hari Kishore Singh, along with his son, Dheeraj Kumar Singh, was cleaning the land, at that time,
Patna High Court CR. MISC. No.53785 of 2019(2) dt.27-08-2019 2/3 petitioners, along with Mithlesh Rai, came there. Mithlesh Rai pointed the pistol at the chest of Dheeraj Kumar Singh, the son of the informant, and ordered in abusive language to kill, on which petitioner no. 4, Sanjay Singh, gave the iron rod blow causing head injury to the informant. Petitioner no. 1, Kaushlendra Singh, and petitioner no. 2, Raghvendra Singh, caught hold of the informant and petitioner no. 3, Mithlesh Singh, entered in the house of the informant and took Rs.10,000/-, which was kept beneath the bed and also started marpeet with his wife.
The submission of the learned counsel for the petitioners is that in fact occurrence of marpeet took place due to land dispute in which petitioners also sustained injury regarding which Runnisaidpur P.S. Case No. 672 of 2018 was also instituted on the fardbeyan of petitioner no. 1 against the informant of this case and two others. More over, four injuries, as found on the persons of the informant, are simple in nature. Petitioners have no criminal antecedent.
Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.
Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of
Patna High Court CR. MISC. No.53785 of 2019(2) dt.27-08-2019 3/3 surrender/arrest, within a period of four weeks from today, in connection with Runnisaidpur P.S. Case No. 673 of 2018 shall be released on pre-arrest bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.
(Rajendra Kumar Mishra, J) Shamshad/- U T